HomeMy WebLinkAboutZA2024-034 - APPROVING A TENTATIVE PARCEL MAP FOR TWO-UNIT RESIDENTIAL CONDOMINIUM PURPOSES LOCATED AT 709 AND 709 ½ LARKSPUR AVENUE (PA2024-0060)RESOLUTION NO. ZA2024-034
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING A TENTATIVE
PARCEL MAP FOR TWO-UNIT RESIDENTIAL CONDOMINIUM
PURPOSES LOCATED AT 709 AND 709 ½ LARKSPUR AVENUE
(PA2024-0060)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Matthew Watson (Applicant), on behalf of Sohrab Salamatipour
(Owner) with respect to property located at 709 and 709 ½ Larkspur Avenue, and legally
described as Lot 9 of Block 737 in the Corona del Mar Tract (Property), requesting approval
of a tentative parcel map for condominium purposes.
2. The Applicant requests a tentative parcel map for two-unit residential condominium
purposes. An existing duplex will be demolished, and a new duplex will be constructed.
The tentative parcel map would allow each unit to be sold individually. No waivers of
Newport Beach Municipal Code (NBMC) Title 19 (Subdivisions) are proposed (Project).
3. The Property is categorized as Two Unit Residential (RT) by the General Plan Land Use
Plan and is located within the Two-Unit Residential (R-2) Zoning District.
4. The Property is not located within the coastal zone; therefore, a coastal development
permit (CDP) is not required.
5. On May 30, 2024, the Zoning Administrator reviewed a tentative parcel map filed as
PA2024-0060. A notice of purpose of the review was given in accordance with the
Newport Beach Municipal Code (NBMC). Written evidence was presented to and
considered by the Zoning Administrator.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 15 Exemption allows the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four or fewer parcels when the division is
in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels are available, the parcel was
not involved in a division of a larger parcel within the previous two years, and the parcel
does not have an average slope greater than 20%. The Project is for a two-unit
Zoning Administrator Resolution No. ZA2024-034
Page 2 of 10
condominium subdivision and meets all identified criteria; therefore, it is eligible for the
Class 15 Exemption.
SECTION 3. REQUIRED FINDINGS.
Tentative Parcel Map
The Zoning Administrator determined the Tentative Parcel Map is consistent with the legislative
intent of Title 20 of the NBMC and is approved based on the following findings per Section
19.12.070 (Required Findings for Action on Tentative Maps):
Finding:
A. The proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions
of the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding:
1. The Project includes a tentative parcel map for two-unit residential condominium
purposes. The two-unit dwellings will comply with current condominium standards. The
Property is currently developed with a duplex which will be demolished, and a new
duplex will be constructed. The proposed subdivision and improvements are consistent
with the density of the RT General Plan Land Use category and R-2 Zoning District.
2. The Property is not located within a specific plan area.
Finding:
B. The site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property is physically suitable for a duplex because it is regular in shape and size.
An existing duplex is proposed to be demolished to construct a new duplex.
2. The Property is accessible from both Larkspur Avenue and the alley in the rear.
Vehicular access is taken from the alley.
3. The Property is adequately served by existing utilities.
Finding:
C. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat. However, notwithstanding the foregoing, the decision-making body may
Zoning Administrator Resolution No. ZA2024-034
Page 3 of 10
nevertheless approve such a subdivision if an environmental impact report was
prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report.
Facts in Support of Finding:
1. The Property is located within an existing residential neighborhood that does not contain
any sensitive vegetation or habitat on-site.
2. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines.
Section 2 of this Resolution is hereby incorporated by reference.
Finding:
D. The design of the subdivision or the type of improvements is not likely to cause serious
public health problems.
Facts in Support of Finding:
1. The Project is for residential condominium purposes. All improvements associated with
the project will comply with all Building, Public Works, and Fire Codes, which are in place
to prevent serious public health problems. Public improvements will be required of the
applicant per Section 19.28.010 (General Improvement Requirements) of the NBMC
and Section 66411 (Local agencies to regulate and control design of subdivisions) of
the Subdivision Map Act. All ordinances of the City and all Conditions of Approval will
be complied with.
2. The Project has been conditioned to require public improvements, including all damaged
sidewalk panels, curb, gutter, and street along the Larkspur Avenue frontage and any
damaged concrete alley panels along the alley property frontage shall be reconstructed
as determined by the Public Works Department. The Project is also conditioned to install
turf or drought tolerant landscaping, as approved by the City, throughout the entire
Larkspur Avenue parkway. Additionally, the installation of a new 36” box street tree
along the Larkspur Avenue parkway. Street tree installation shall be per City Standard
118 and City Council Policy G-6.
Finding:
E. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision. In this connection, the decision-making body may approve a
map if it finds that alternate easements, for access or use, will be provided and that
these easements will be substantially equivalent to ones previously acquired by the
Zoning Administrator Resolution No. ZA2024-034
Page 4 of 10
public. This finding shall apply only to easements of record or to easements established
by the judgment of a court of competent jurisdiction and no authority is hereby granted
to the City Council to determine that the public at large has acquired easements for
access through or use of property within a subdivision.
Fact in Support of Finding:
1. The Public Works Department has reviewed the Project and determined that the design
of the development will not conflict with easements acquired by the public at large, for
access through, or use of Property within the proposed development because no public
easements are located on the Property.
Finding:
F. The subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 1965 (Williamson Act), the resulting parcels following a subdivision
of the land would not be too small to sustain their agricultural use or the subdivision will
result in residential development incidental to the commercial agricultural use of the
land.
Facts in Support of Finding:
1. The Property is not subject to the Williamson Act because the subject property is not
designated as an agricultural preserve and is less than 100 acres in area.
2. The Property is developed for residential use and is located in the R-2 Zoning District,
which permits residential uses.
Finding:
G. In the case of a “land project” as defined in Section 11000.5 of the California Business
and Professions Code: (1) there is an adopted specific plan for the area to be included
within the land project; and (2) the decision-making body finds that the proposed land
project is consistent with the specific plan for the area.
Facts in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the
Legislature. However, this project site is not considered a “land project” as previously
defined in Section 11000.5 of the California Business and Professions Code because
the Project site does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
Zoning Administrator Resolution No. ZA2024-034
Page 5 of 10
Finding:
H. Solar access and passive heating and cooling design requirements have been satisfied
in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding:
1. The Project and any future improvements are subject to Title 24 of the California Building
Code which requires new construction to meet minimum heating and cooling efficiency
standards depending on location and climate. The Newport Beach Building Division
enforces Title 24 compliance through the plan check and inspection process.
Finding:
I. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City’s share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City’s residents and available fiscal and environmental
resources.
Fact in Support of Finding:
1. The duplex is consistent with the R-2 Zoning District, which allows up to two residential
units on the property. Therefore, the tentative parcel map for residential condominium
purposes will not affect the City in meeting its regional housing needs.
Finding:
J. The discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding:
1. The Project wastewater is designed to discharge into the existing sewer system and
complies with the Regional Water Quality Control Board (RWQCB) requirements.
Finding:
K. For subdivisions lying partly or wholly within the coastal zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Zoning Administrator Resolution No. ZA2024-034
Page 6 of 10
Fact in Support of Finding:
1. The Property is not located within the coastal zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves the Tentative
Parcel Map filed as PA2024-0060, subject to the conditions set forth in Exhibit “A” and in
substantial conformance with Exhibit “B,” which are both attached hereto and incorporated
by reference.
3. This action shall become final and effective 10 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the Director
of Community Development in accordance with the provisions of NBMC Title 19
(Subdivisions).
PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF MAY 2024.
___________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
Zoning Administrator Resolution No. ZA2024-034
Page 7 of 10
EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The project is subject to all applicable City ordinances, policies, and standards
unless specifically waived or modified by the Conditions of Approval.
2. After the recordation of the Parcel Map and prior to a building permit final inspection,
the Applicant shall apply for a building permit for a description change of the subject
project development from “duplex” to “condominium.” The development will not be
condominiums until this description change on the permit is final.
3. The Applicant shall comply with all federal, state, and local laws. A material violation
of any of those laws in connection with the use may be cause for revocation of this
approval.
4. This approval shall expire and become void unless exercised within 24 months from
the actual date of review authority approval, except where an extension of time is
approved in compliance with the provisions of Title 19 Subdivisions and Title 20 of the
NBMC.
5. Prior to the approval of the final Parcel Map, a “Purpose Statement” shall be added to
clarify that the map is for two residential condominium units and how common areas
will be owned.
6. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs,
and expenses (including without limitation, attorney’s fees, disbursements, and court
costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City’s approval of Salamatipour Residential
Condominiums including, but not limited to Tentative Parcel Map (PA2024-0060).
This indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection
with such claim, action, causes of action, suit, or proceeding whether incurred by
Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant
shall indemnify the City for all of the City's costs, attorneys' fees, and damages, which
the City incurs in enforcing the indemnification provisions set forth in this condition. The
Applicant shall pay to the City upon demand any amount owed to the City pursuant to
the indemnification requirements prescribed in this condition.
Zoning Administrator Resolution No. ZA2024-034
Page 8 of 10
Public Works Department
7. Prior to building permit final inspection, a Parcel Map shall be recorded. The Map shall
be prepared on the California coordinate system (NAD83). Prior to recordation of the
Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor
and the City of Newport Beach a digital-graphic file of said map in a manner
described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18. The Map to be submitted
to the City of Newport Beach shall comply with the City’s CADD Standards.
Scanned images will not be accepted.
8. Prior to recordation of the Parcel Map, the surveyor/engineer preparing the map shall
tie the boundary of the map into the Horizontal Control System established by the
County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange
County Subdivision Code and Orange County Subdivision Manual Subarticle 18.
Monuments (1-inch iron pipe with tag) shall be set on each lot corner unless otherwise
approved by the Subdivision Engineer. Monuments shall be protected in place if
installed prior to completion of the construction project.
9. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
10. An encroachment permit shall be required for all work activities within the public right-
of-way.
11. All damaged sidewalk panels, concrete curb, gutter, and street along the Larkspur
Avenue frontage and any damaged concrete alley panels along the alley frontages
shall be reconstructed.
12. All existing overhead utilities shall be undergrounded.
13. All existing private, non-standard improvements, including but not limited to fences
and decorative walkways, within the Larkspur Avenue public right-of-way fronting the
development site shall be removed.
14. Each unit shall be served by its individual water service/meter and sewer
lateral/cleanout.
15. All improvements shall comply with the City’s sight distance requirement. See City
Standard 110-L.
16. Install a new 36” box street tree along the Larkspur Avenue parkway. Street tree
installation shall be per City Standard 118 and City Council Policy G-6.
17. Install new turf or drought tolerant landscaping throughout the entire Larkspur
Avenue parkway.
Zoning Administrator Resolution No. ZA2024-034
Page 9 of 10
18. In case of damage done to public improvements surrounding the development site
by the private construction, additional reconstruction within the public right-of-way
shall be required at the discretion of the Public Works Inspector.
Building Division
19. Prior to recordation of the parcel map, independent utility services shall be provided
for each unit, including water, electrical and gas.
Fire Department
20. Prior to the recordation of the Parcel Map, a NFPA 13D fire sprinkler system shall be
required for the project.
21. Independent fire sprinkler systems shall be installed for each unit and separately
connect to the water meter that serves each unit.
EXHIBIT “B”
Tentative Parcel Map
County Parcel Map No. 2023-184
LOT 9
BLOCK 737
C.D.M.
M.M. 3/41-42
LOT 11
LOT 7
LARKSPUR
AVENUE
CL ALLEY
N40°34'48"E 29.95'
N
4
9
°
2
4
'
2
8
"
W
1
1
8
.
0
9
'
N40°34'12"E 30.00'
N
4
9
°
2
2
'
5
9
"
W
1
1
8
.
0
9
'
CL
LOT 9
BLOCK 737
CORONA DEL MAR
M.M. 3/41-42
SITE ADDRESS
709 LARKSPUR AVE
CORONA DEL MAR, CA 92625
(APN: 459-061-15)
SHEET 1 OF 1
TENTATIVE PARCEL
MAP NO. 2023-184
OCTOBER 2023
SCALE = 1" = 16'
HUNTINGTON BEACH, CALIFORNIA 92646PHONE:(714)488-5006 FAX:(714)333-4440
APEXLSINC@GMAIL.COM
PREPARED BY: A. R. H.
PAUL D. CRAFT, P.L.S. 8516
LICENSE EXPIRES 12/31/24
OWNER/DEVELOPER:
ASHA PROPERTIES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
LOT 9 IN BLOCK 737 IN CORONA DEL MAR
TRACT, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
AS PER MAP RECORDED IN BOOK 3, PAGES 41
AND 42, OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
Exp. 12/31/24
No. 8516PROFESSIONALLAND
S
U
R
V
E
YORPAUL
D O M INICK
C
R
A
FT
S
T
ATE OF CAL I F O R NIA
DATE
JN: 23033
10/18/2023